This is the situation...... A couple have a child but never marry. The father's name is on the birth certificate and a blood test was done. The couple breaks up and are no longer on speaking terms. The mother keeps the child away from the father for 6 months at a time. (with no contact) She moves and will not let anyone know where she lives not even her family. She knows that they will tell the father where she lives. There has been some times that she has just decided she didn't want to keep the child anymore and gave him back to the father and she didn't bother to contact her son. She always seems to get the child back from her family when he is staying with them. The mother is on drugs and will not work. She doesn't have a car and is living with firends (moving all the time). The father knows he needs a lawyer but at the moment he is out of a job. I am wanting to know what are his rights to his child? There are no legal papers stating who has custody of the child.
2006-11-08 16:33:32 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the father is listed on the birth certificate, whether or not a blood test was done, he has specific rights guaranteed to him by law. In custody battles, temporary custody is granted to the parent or legal guardian that the child in question is currently residing at the time a petition was filed. If it was me in the situation, wait until the child is with the father as he seems to be the better choice for the child. Keep the child with you at all times. Allow visitation to other relatives, but only under your supervision. When the mother comes to pick up the child, call the police, and most likely an emergency placement case will be heard within the next 48 hours, 72 on a weekend, and attorneys will be appointed to represent both parties involved regardless of ability to pay. In the meantime, the father needs to get a job, doesn't matter where, courts like to see stability. Assistance is available to make up for what the worthy parent cannot provide at the present time.
2006-11-08 16:57:01 · answer #1 · answered by Ashley R 1 · 0⤊ 0⤋
Why would an unemployed father who never had custody be a better parent?
You can say all the bad things you want about the mother but you haven't said anything good about the father.
If he has no job he probably is homeless and staying with friends or family.
He can't take care of himself so there's no way he could get custody.
The best thing that could happen is for the kid to go into foster care.
2006-11-09 00:57:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the father can't afford to hire a lawyer, he should apply for a public assistance lawyer, because it sounds as though he needs to get legal custody of his child. If the mother abandons the child at intervals, and if she is on drugs, there's a good chance that the father could get custody. But first he has to get a job so he can show that he can support the child. Or at least get himself on welfare. Otherwise he's in the same boat as the mother, and the child could (quite rightly) be put in foster care if neither parent can properly care for it.
2006-11-09 00:43:39 · answer #3 · answered by old lady 7 · 0⤊ 0⤋
She has the right to take her child just like you do. married or not. there are no legal papers deciding custody so your not protected that way. what you can do is go to court and ask for shared custody. that way if she witholds the child the court will step in and help you. if she's on drugs you have more a chance to prove she's not a fit parent and may gain full custody. you can find law groups who will help just do some homework
2006-11-09 00:40:16 · answer #4 · answered by uknowme 6 · 0⤊ 0⤋
The father has full parental and visitation rights, unless she can prove in court that the father is some kind of danger. If it can be proved that the mother is "unfit" the father can get full custody.
2006-11-09 00:36:06 · answer #5 · answered by TK421 5 · 0⤊ 0⤋
go to legal aid or call the public defender if the mother comes to court and takes a piss test and fails the judge will most likely award the father custody
2006-11-09 00:37:51 · answer #6 · answered by reno_tony_casino 5 · 0⤊ 0⤋
get her crazy butt in on kidnapping...if you are worried about your child then get the kid back...a child needs stability and you can get it started by creating a police report and getting help from child services too. start with the police, get a report and a paper trail going on this situation to protect the child, if the mom is on drugs and always moving then the father needs to do that and do whatever he can to get any job he can so he can provide for his child and gain custody of his child so he can raise him or her with at least one of his or her parents who love him or her.
2006-11-09 00:41:15 · answer #7 · answered by Jessy 5 · 0⤊ 0⤋